Title 63. Tuscaloosa County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
Articles
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §63-2.00. Validated and Confirmed. (Amendment 524) All general laws, local laws, population based laws and other laws heretofore enacted by the legislature and which are in effect on November 1, 1989, pertaining to or applicable to Tuscaloosa county; including but not limited to Act 80-618 of the 1980 Regular Session (Acts of 1980, p. 1054), as amended by Act 87-399 of the 1987 Regular Session (Acts of 1987, p. 570), Act 80-780 of the 1980 Regular Session (Acts of 1980, p. 1615), as amended by Act 81-1052 of the 1981 2nd Special Session (Acts of 1981 Special Sessions, p. 298), Act 79-751 of the 1979 Regular Session (Acts of 1979, p. 1336), as now codified in the Code of Alabama 1975, Sections 11-25-1 through 11-25-12, and Act 65 of the 1936 Special Session (Acts of 1936 Special Session, p. 34), as amended by Act 1086 of the 1969 Regular Session (Acts of 1969, p. 2021); which in whole or in part regulate costs and charges of courts are hereby in all things ratified, approved, validated and confirmed as of the date of their enactment any provision or provisions of the Constitution of Alabama of 1901 to the contrary notwithstanding. Any actions taken or payments made in accordance with the provisions of said laws are hereby ratified, approved, validated and confirmed. This amendment shall not be construed as prohibiting the legislature from properly enacting a law to amend or repeal said laws. This amendment shall not be construed to permit the operation of Act 79-751 of the 1979 Regular Session, as now codified in the Code of Alabama 1975 and Act 65 of the 1936 Special Session as amended at the same time unless said joint operation is otherwise authorized by law. (Amendment 524) §63-2.01. General Authority. (Amendment 793) The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Tuscaloosa County and provide for their distribution. Any local law authorizing the levy of additional court costs in Tuscaloosa County enacted prior to the effective date of this amendment is ratified and confirmed. (Amendment 793) §63-2.02. General Authority. (Amendment 794) The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Tuscaloosa County and provide for their distribution. Any local law authorizing the levy of additional court costs in Tuscaloosa County enacted prior to the effective date of this amendment is ratified and confirmed. (Amendment 794) Article 2. Judges §63-2.20. Judicial Commission. (Amendment 741) (a) In Tuscaloosa County, all vacancies in the offices of judge of the circuit court and judge of the district court shall be filled in the manner and for the time as provided in this amendment. The Tuscaloosa County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to any vacancy in the office of judge of the circuit court and judge of the district court. The nine members of the commission shall consist of the following: One attorney primarily or substantially engaged in a plaintiff civil practice; one attorney primarily or substantially engaged in a defense civil practice; one attorney primarily or substantially engaged in a domestic relations practice; one attorney primarily or substantially engaged in a criminal defense practice; the District Attorney for Tuscaloosa County; the Presiding Judge of the Circuit Court of Tuscaloosa County; and three people who are not members of the Alabama State Bar. Each member shall reside in the territorial jurisdiction of the Circuit Court of Tuscaloosa County. (b) Members of the commission shall be elected in the following manner: (1) At least 30 days prior to the Tuscaloosa County Bar Association meeting at which any Alabama State Bar member of the Tuscaloosa County Judicial Commission shall be elected, the Executive Committee of the Tuscaloosa County Bar Association shall provide notice of such election and a list of at least two nominees for each vacancy on the Tuscaloosa County Judicial Commission, except for the positions held by the District Attorney for Tuscaloosa County and the Presiding Judge of the Circuit Court of Tuscaloosa County, to all members of the Tuscaloosa County Bar Association. Any member may submit additional nominations in writing to the President or Secretary of the Tuscaloosa County Bar Association no later than 14 days after the date upon which the list of nominees was provided, specifying the position on the commission for which the nomination is made. All nominees shall be members in good standing of the Alabama and Tuscaloosa County Bar Associations and shall have been engaged in the active practice of law for at least five years. (2) After the 14-day period for nominations has passed, the Tuscaloosa County Bar Executive Committee shall certify each nominee who meets the criteria for election to the commission. (3) The names of all nominees certified by the executive committee for each vacant position shall be provided to all members of the Tuscaloosa County Bar Association at least seven days prior to the announced date of the election. The standing rules and regulations of the Tuscaloosa County Bar Association shall govern the election process during the bar association meeting. (4) The members of the commission who are not members of the state bar shall be selected by a majority of the Tuscaloosa County Legislative Delegation. At least 14 days prior to any meeting for the selection of the members to the commission who are not members of the state bar, the Presiding Judge of the Circuit Court of Tuscaloosa County shall notify the Chair of the Tuscaloosa County Legislative Delegation and all members of the Tuscaloosa Legislative Delegation of the need for a meeting to select candidates for the commission. The Chair of the Tuscaloosa County Legislative Delegation shall also notify the members of the legislative delegation and the presiding circuit court judge of the circuit of the time and location of the meeting. At the meeting, the senators and representatives shall select the members to be appointed to the commission. The Chair of the Tuscaloosa Legislative Delegation shall certify in writing to the Secretary of the Tuscaloosa County Bar Association the name of the individuals selected. (c) The Secretary of the Tuscaloosa County Bar Association shall certify in writing to the Tuscaloosa County Judge of Probate the names of the members of the commission. The judge of probate shall record all certificates of election and shall safely and permanently keep the original certificates. Upon receipt of the certificate of election, the judge of probate shall send a certified copy to the Governor. (d) The terms of office of the appointed members of the commission shall be six years. The length of each term shall be designated by the Executive Committee of the Tuscaloosa County Bar Association. Any vacancy on the Tuscaloosa County Judicial Commission shall be filled for the unexpired term in the same manner as the member was originally chosen. (e) No member shall receive any salary or other compensation for services. No member of the commission, other than the Tuscaloosa County District Attorney and the Presiding Judge of the Circuit Court of Tuscaloosa County shall hold any elected office nor shall any member hold any official position in any political party. (f) If, after the ratification of this amendment, a vacancy occurs in Tuscaloosa County in the office of judge of the circuit court or judge of the district court, the commission shall submit to the Governor within 45 days after the vacancy occurs a slate of three persons who are qualified for the office. The nominations shall be made only by the concurrence of a majority of the members of the commission. The presiding judge of the circuit court shall certify the three nominees to the Governor, who shall appoint one to the office in which the vacancy exists. If the Governor fails to make an appointment from the submitted list within 60 days from the date of submission, the commission shall submit a new list as provided in this section to the Governor. (Amendment 741) ”

Chapter 3

“ Chapter 3. County Government, Finance, and Operations Article 1. Finance §63-3.00. Bond Issues for Courthouse and Jail. (Amendment 115) Tuscaloosa county may become indebted, and in evidence of such indebtedness may sell and issue its interest-bearing bonds, to the extent of not exceeding $2,500,000.00 in principal amount, for the purpose of constructing and equipping a county courthouse and jail in said county and acquiring land therefor; provided, that before any such bonds shall be issued the question of whether said bonds shall be issued shall have first been submitted to a vote of the qualified electors of said county at an election to be called for that purpose by the governing body of said county and the issuance of said bonds shall have been authorized by a majority of said qualified electors voting at said election. The elections provided for herein shall be called, held, conducted and canvassed, and may be contested, in the manner provided by law for the calling, holding, conducting, canvassing and contesting of county bond elections, and if the issuance of said bonds shall be authorized at any such election they may be sold and issued from time to time in the manner provided by law for the authorization and sale of county bonds. In the event the voters of Tuscaloosa county do not authorize the issuance and sale of said bonds at any election called hereunder then other elections may be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the issuance and sale of said bonds; provided that no two elections shall be held within one year of each other. Provided further that if the majority of the voters of Tuscaloosa county participating in the election as to the adoption of this constitutional amendment vote for such adoption of this amendment then this expression of the voters of Tuscaloosa county for this amendment shall of itself authorize the issue and sale of said bonds and then no additional election by the voters of Tuscaloosa county shall be required to authorize the issue and sale of said bonds and such bonds may be issued and sold as the full obligation of Tuscaloosa county without an additional election. In the event the voters of Tuscaloosa county do not authorize the issuance and sale of said bonds at any such elections herein referred to, authorized or called hereunder then other special elections shall be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the issuance and sale of said bonds; provided that no two special elections shall be held within one year of each other except the first special election herein provided for; and provided further that such special elections shall be held at least once every two years until said bonds are authorized. When authorized said bonds shall be promptly sold and such courthouse and jail shall forthwith be built. Tuscaloosa county shall and is hereby specifically authorized to acquire adequate lands for said courthouse and jail and approaches and parking spaces. Such courthouse and jail may be built as one building or as separate buildings as the governing body of Tuscaloosa county may determine and shall be properly and adequately equipped and furnished. The indebtedness herein authorized shall be in addition to all other indebtedness authorized prior to the adoption of this amendment. (Amendment 115) Article 2. Elections §63-3.20. Hours of Polling Places. (Amendment 740) Every polling place in Tuscaloosa County shall be open for voting on election day for any local, state, or national election at 7:00 A.M. and shall close at 7:00 P.M. The Tuscaloosa County Commission shall provide funds from the county general fund for any additional compensation needed for poll workers required to work the extended hours required by this amendment. (Amendment 740) ”

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §63-4.00. Promotion of Economic and Industrial Development in Certain Counties. (Amendment 429) For the promotion of local economic and industrial development, the governing body of Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or industrial park, projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas and utilities to serve said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale. In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state. The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation. This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature. Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless: (a) The price be approved at a public meeting of the governing body of such county or municipality; and (b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and (c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. (Amendment 429) [Note: Amendment 759 is identical to Amendment 429. except for the addition of Baldwin County. For the text of Amendment 759, see §2-4.01.] ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Compensation §63-8.00. Certain Public Officials in Calhoun and Tuscaloosa Counties. (Amendment 33) The legislature of Alabama may hereafter, from time to time, by general or local laws, fix, regulate and alter the fees, commissions, allowances and salaries, including the method or basis of their compensation, to be charged or received by the tax assessors, tax collectors, probate judges, circuit clerks, sheriffs, and registers of the chancery courts, and including the right to place any one or all of said officers on a salary and provide for the fees charged and collected by said officers to be paid into the treasury from which their salaries are paid, and provide the method and basis of their compensation, or consolidate any of said offices in the following named counties: Calhoun and Tuscaloosa. All acts of the regular session of the legislature 1935 heretofore passed and applicable, or purporting to be applicable, to any or all of said counties, and fixing, or purporting to fix the compensation of said named county officers, on a salary basis, are hereby validated and confirmed. (Amendment 33) Article 2. Retirement §63-8.20. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 755) No person elected or appointed sheriff, or any elected or appointed Tuscaloosa County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Tuscaloosa County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Tuscaloosa County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 755) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §63-10.00. Occupational Tax Prohibited. (Amendment 859) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Tuscaloosa County. (Amendment 859) Article 2. Schools §63-10.20. Special School Tax. (Amendment 71) In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the city of Tuscaloosa and in the several school districts of Tuscaloosa county, to be used solely for public school purposes, provided such tax, and the time it is to continue, shall have been first submitted to the vote of the qualified electors of the school district in which such tax is to be collected and voted for by a majority of those voting at such election; otherwise said tax shall not be collected. A special separate election is hereby called on the first Tuesday after sixty days following the date this constitutional provision becomes effective, in the city of Tuscaloosa and in the school district in Tuscaloosa county of which the city of Tuscaloosa is a part at which election the qualified voters in the city of Tuscaloosa and in the school district in Tuscaloosa county of which the city of Tuscaloosa is a part may vote as to whether said special school tax herein levied shall be effective for a period of thirty years, and if the majority of those voting at said election vote in favor of said special school tax herein referred to, such school tax shall immediately be levied and collected annually thereafter on the first day of October by the tax collector of Tuscaloosa county and, if pledged, paid to the city of Tuscaloosa; otherwise by him immediately paid to the board of education of the city of Tuscaloosa, for a period of thirty years from the date of said election in the city of Tuscaloosa and in the school district of which the city of Tuscaloosa is a part, and a special separate election is likewise hereby called in each other school district in Tuscaloosa county on the first Tuesday after sixty days following the date this constitutional provision becomes effective and the qualified electors of each such other school district in Tuscaloosa county shall vote as to whether said special school tax herein levied shall be effective in their respective districts for a period of thirty years, and where a majority of those voting at said election in any such school district vote in favor of said special school tax such special school tax shall be immediately levied and collected annually thereafter on the first day of October by the tax collector of Tuscaloosa county and, if pledged, paid to the county of Tuscaloosa; otherwise by him immediately paid to the board of education of Tuscaloosa county, for a period of thirty years in any such school district where a majority of such electors voting at said election vote therefor. This section shall be self-executing. The funds arising from the special school tax to be levied hereunder and to be collected therefrom shall be expended for public school purposes for the exclusive benefit of the school district in which collected with all such tax collected in the city of Tuscaloosa to be expended in the city of Tuscaloosa. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of the city of Tuscaloosa, the city of Tuscaloosa shall issue and sell interest bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in the city of Tuscaloosa and in the school district in which the city of Tuscaloosa is located, for the sole purpose of the construction and improvement of school buildings and the acquiring of sites therefor; provided, said net proceeds of said bonds shall immediately be paid to the board of education of the city of Tuscaloosa and said bonds shall not be issued for a longer period than thirty years, and said funds to be derived from said special school tax may be pledged by the city of Tuscaloosa for the payment of said bonds and the interest thereon, and provided that said bonds shall not be a general obligation of the city of Tuscaloosa or of Tuscaloosa county and shall not be charged to the constitutional debt limit of the city of Tuscaloosa or of Tuscaloosa county. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of Tuscaloosa county, Tuscaloosa county shall issue and sell interest-bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in each school district in Tuscaloosa county, other than in the city of Tuscaloosa and the school district in which the city of Tuscaloosa is located, for the sole purpose of the construction and improvement of public school buildings and the acquiring of sites therefor; provided the net proceeds of said bonds shall immediately be paid to the board of education of Tuscaloosa county and that said bonds shall not be issued for longer than thirty years and said funds arising from said school tax may be pledged by Tuscaloosa county for the payment of said bonds and interest thereon and provided that said bonds shall not be a general obligation of Tuscaloosa county and shall not be charged to the constitutional debt limit of Tuscaloosa county. Except as herein otherwise provided the elections hereinabove provided for shall be called, held and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing body of the city of Tuscaloosa shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate and declare the result of the elections provided for in the city of Tuscaloosa and in the school district in which the city of Tuscaloosa is located. The governing body of Tuscaloosa county shall appoint and designate the election officers, managers, clerks and returning officers and shall call, canvass, tabulate and declare the result of, the elections as to any and all school districts in Tuscaloosa county other than in the city of Tuscaloosa and the school district in which the city of Tuscaloosa is located. All such elections shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama. (Amendment 71) §63-10.21. Special Property Tax for Educational Purposes. (Amendment 164) Section 1. The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in Sections 269.01 through 269.03. The tax on property situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for school construction and other educational purposes in the territory of the county outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa. Section 2. The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the territory and voted for by a majority of those voting at the election. Except as herein otherwise provided, elections on proposals to levy this tax on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be ordered and held in the same manner as provided by the law applicable to elections on school district taxes. The additional tax, authorized by this amendment to be levied on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property in the city of Tuscaloosa are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa. Section 3. If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at intervals of not less than one year. Section 4. The special school tax herein authorized shall be effective for a period of thirty years. Section 5. This amendment shall be self-executing, and no enabling legislation shall be necessary. (Amendment 164) Article 3. Recreation §63-10.40. Parks and Multi-Recreation Areas and Facilities. (Amendment 333) The county commission or like governing body of Tuscaloosa county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding 10 mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for developing parks and multi-recreation areas and facilities, and for other recreational purposes; provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. Such governing body may also become indebted, and in evidence of such indebtedness issue and sell interest bearing bonds in an amount not to exceed $20,000,000.00 in principal amount, provided that before the issuance of such bonds the question of whether such bonds shall be issued shall have first been submitted to and approved by the qualified electors of Tuscaloosa county at an election. Both the question of levying the tax and the issuing and selling of bonds may be submitted at the same election; or either question may be submitted at a separate election. Either the tax may be levied but no bonds issued, or bonds may be issued and no tax levied hereunder, if other funds are available for the payment of the bonds. The proceeds from taxes levied under authority of this amendment and of all bonds issued hereunder shall be used for developing parks and multi-recreation areas and facilities and for other recreational purposes and all or any part thereof may be appropriated to any county park and recreation authority duly organized and existing pursuant to law in such county and by such authority used for the above-named purposes. The elections provided for herein shall be called, held, conducted and canvassed, and may be contested, in the manner provided by law for the calling, holding, conducting, canvassing and contesting of county bond elections, and if the levy of the tax or the issuance of said bonds shall be authorized at any such elections, the tax may be levied and bonds may be sold and issued from time to time in the manner provided by law for the authorization and sale of county bonds. In the event the voters of Tuscaloosa county do not authorize the levy of the tax or the issuance and sale of said bonds at any election called hereunder then other elections may be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the levy of the tax or the issuance and sale of said bonds; provided that no two elections shall be held within one year of each other. The indebtedness herein authorized shall be in addition to all other indebtedness authorized prior to the adoption of this amendment. (Amendment 333) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §63-11.00. Creation of Districts; Collection of Fees. (Amendments 358 and 792) The Legislature may provide for the formation of districts in Tuscaloosa County, for establishing and maintaining a system for fighting or preventing fires or for the collection and disposal of garbage and trash or for either or both of said purposes; provided, however, that no territory lying within the limits of a municipal corporation at the time of the establishment of any such district shall be included within such district except that all or part of any territory lying within a municipality having a population of 10,000 inhabitants or less may be included within a district upon approval by resolution of the governing body of the municipality; and, provided further, that no such district shall be established unless the establishment thereof has been first approved by the qualified electors residing within the proposed district at an election held as provided for by a law or laws adopted by the Legislature. The Legislature may provide for submitting to the qualified electors residing within the proposed district the question of whether the district shall be created for either or both of the aforesaid purposes. The expenses of establishing and maintaining any such fire fighting and fire prevention system or any such garbage collection and disposal system in a district, as the case may be, shall be paid for exclusively by the proceeds of a service charge, which shall be levied and collected in an amount sufficient to pay the said expenses. Said service charges shall be levied upon and collected from the persons and property to whom and to which such services are available; and the service charge shall be a lien upon any such property. The Legislature may provide for the enlargement of a district by the addition of territory thereto, subject to the following conditions: (1) No territory lying within a municipal corporation at the time of such enlargement shall be added to a district except that all or part of any territory lying within a municipality having a population of 10,000 inhabitants or less may be included within a district upon approval by resolution of the governing body of the municipality; (2) subject to (3), next below, no territory shall be added unless the qualified electors thereof have approved the addition of such territory to the district at an election held for that purpose within the territory proposed to be added; (3) the Legislature may provide a procedure whereby territory will be included in a district upon the written petition for its inclusion signed by at least seventy percent (70%) of the qualified electors residing within said territory. The Legislature shall adopt laws providing for the administration of the affairs of the district by the governing body of the county or by an agency of the county, and empowering the body administering the affairs of the district to levy and collect the service charge, subject to such restrictions and conditions as the Legislature imposes. The Legislature may provide that any such service charge shall not become effective unless approved by the electors of the territory, and may provide the conditions on which an election on such service charge shall be held. The Legislature shall be authorized to enact laws providing for the collection and enforcement of the service charges and of the lien for such charges. The Legislature may provide for the issuance of bonds for such districts with or without an election; provided, however, that all bonds issued hereunder shall be payable only out of the proceeds of the service charge authorized hereby, and no such bond shall be a general obligation of the county. (Amendments 358 and 792) ”

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Text of the Constitution
• An Overview of Alabama's Six Constitutions
• Alabama Citizens for Constitutional Reform

Additional reading

• Connor, George E. Connor, and Christopher W. Hammons (2008). The Constitutionalism of American States. Columbia, Missouri: University of Missouri Press.
• McMillan, Malcolm Cook (1955). Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism. Chapel Hill, North Carolina: University of North Carolina Press.